Employment Law | Expert Legal Commentary
August 24, 2010
Lewis v. City of Chicago: Discriminatory Practice Can be Challenged at Time of Application
Lewis v. City of Chicago
By
Jeremy J. Gray of Zuber & Taillieu
The U.S. Supreme Court recently expanded the range of circumstances in which disparate impact cases can be filed, finding that an employment practice that has a disparate impact can be challenged both at the adoption of the practice and upon its application. In Lewis v. City of Chicago, 130 S.Ct. 2191 (2010), the Supreme Court allowed a minority plaintiff and hopeful firefighter to bring a claim of disparate impact relating to the test given to firefighter applicants, even though he filed an EEOC charge more than 300 days after the allegedly discriminatory practice was announced. In a unanimous ruling, the Court held that the employer’s subsequent use of the practice – not just the announcement of the practice -- could trigger the 300-day limitations period.
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About the Author
Jeremy J. Gray is a Partner of Zuber & Taillieu, focusing on employment law.
Image Credit: ©iStockphoto.com/shaunl
